Form and style amendments to Rule 410
consistent with the 2011 federal amendments are
proposed. The amendments are not necessarily intended to
change any result in any ruling
on evidence admissibility.

Under the existing rule, use of statements from plea discussions is
allowed for impeachment
purposes. This language was based on the original federal rule proposal, which never took
effect because Congress amended it in 1975. Under Congress's amendments, use of plea
discussion for impeachment is prohibited. Instead, plea discussions can be admitted when
fairness requires, such as when the defendant has introduced a statement from a plea
discussion and the opposing party wants to rebut it with another statement from the plea
discussion.

The federal language is included in the proposal for discussion
purposes. If the Committee
wants to retain the existing North Dakota approach, paragraph (b)(1) can be amended to
read: "for impeachment purposes."